The Assam government has prepared a Standard Operating Procedure (SOP) to implement the Immigrant (Expulsion from Assam) Act, 1950, aimed at detecting and expelling illegal immigrants from the state. Chief Minister Himanta Biswa Sarma announced the decision on Tuesday after a Cabinet meeting, calling it a landmark step in safeguarding the rights of genuine citizens. Briefing the media, Sarma said that the Supreme Court has clarified through constitutional directives that the Assam government has the authority to use the 1950 Act to remove foreigners from the state. “Under this Act, the Deputy Commissioner is empowered by the Centre to evacuate any person considered to be a foreigner. For the first time, the State Cabinet has decided to implement this law in letter and spirit,” the Chief Minister stated.
The 1950 Act was originally passed by Parliament in the wake of the large influx of people from East Pakistan (now Bangladesh) after Partition. It gave the Centre the power to expel anyone from Assam whose presence was considered harmful to the interests of the general public or any Scheduled Tribe. However, in the decades since its passage, the law has rarely been put into active use.According to the new SOP, suspected individuals will be served a notice by the Deputy Commissioner and will be given 10 days to prove their Indian citizenship. If, after reviewing the case, the Deputy Commissioner concludes that the individual is a foreign national, an immediate order of eviction will be issued. “The identified foreigner will be evacuated or pushed back from Assam without delay,” Sarma explained.
In situations where the Deputy Commissioner cannot reach a clear conclusion, the matter will be referred to the Foreigners’ Tribunal, which will carry out a detailed legal hearing before passing a final decision. Calling the move “a landmark decision,” Sarma said the step would make the process of identifying and deporting illegal immigrants more efficient. “Never before has this Act been implemented in such a manner. Now, with the Supreme Court’s mandate, Assam will firmly act to safeguard the rights of its citizens,” he added.
